Future Receivables Factoring Agreement Generator for Singapore

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Key Requirements PROMPT example:

Future Receivables Factoring Agreement

"Need a Future Receivables Factoring Agreement for my manufacturing company to sell future receivables worth SGD 2 million to ABC Finance Ltd, with a 80% advance rate and monthly settlements starting March 2025."

Document background
The Future Receivables Factoring Agreement is a vital financing tool in Singapore's commercial landscape, particularly suitable for businesses seeking to monetize their future revenue streams. This agreement type enables companies to access immediate working capital by selling their anticipated receivables to a factor, typically at a discount. The document comprehensively addresses the complexities of future receivables transactions, including purchase mechanisms, pricing, collections, and risk allocation, while ensuring compliance with Singapore's regulatory requirements. It's particularly relevant for businesses with predictable future revenue streams or contracted future payments.
Suggested Sections

1. Parties: Identification of Factor and Client, including registration details and addresses

2. Background: Context of the agreement, including Client's business nature and purpose of factoring arrangement

3. Definitions: Key terms including 'Receivables', 'Future Receivables', 'Purchase Price', 'Advance Rate', etc.

4. Purchase and Sale: Core terms of the factoring arrangement, including transfer mechanism and pricing

5. Representations and Warranties: Client's declarations regarding business, receivables, and authority to enter agreement

6. Covenants: Ongoing obligations of the Client regarding business operations and receivables management

7. Payment Terms: Details of purchase price calculation, advances, reserves, and fees

8. Collection and Enforcement: Rights and procedures for collecting receivables

9. Events of Default: Circumstances constituting default and consequent remedies

10. Governing Law and Jurisdiction: Singapore law provisions and jurisdiction clauses

Optional Sections

1. Security Provisions: Additional security arrangements when security is required beyond the receivables assignment

2. Insurance: Requirements for insurance of receivables when credit insurance is part of the arrangement

3. Cross-Border Provisions: Special provisions for international receivables when dealing with overseas debtors

4. Recourse Provisions: Terms for recourse against Client in recourse factoring arrangements

Suggested Schedules

1. Schedule of Eligible Receivables: Criteria and characteristics of receivables eligible for purchase

2. Form of Notice to Debtors: Standard form for notifying debtors of the assignment

3. Fee Schedule: Detailed breakdown of all fees and charges

4. Operating Procedures: Detailed procedures for submission and processing of receivables

5. Form of Assignment: Standard form for individual assignments of receivables

6. Prohibited Debtors List: List of debtors whose receivables are not eligible for purchase

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Industries

Civil Law Act (Cap. 43): Primary legislation governing contractual relationships and enforceability in Singapore. Essential for the basic structure and validity of the factoring agreement.

Sale of Goods Act (Cap. 393): Governs the transfer of rights in receivables, providing framework for the assignment and sale of future receivables.

Contracts (Rights of Third Parties) Act (Cap. 53B): Regulates how third parties (such as debtors) may acquire rights under the factoring agreement and their enforcement capabilities.

Companies Act (Cap. 50): Provides corporate law framework, including requirements for registration of charges and corporate powers to enter into factoring arrangements.

Moneylenders Act: May be applicable depending on the nature of the factoring arrangement and the status of the factor.

Securities and Futures Act: Relevant for certain financial arrangements and securities-based factoring transactions.

Stamp Duties Act: Governs stamp duty requirements for factoring documentation and assignments.

Personal Data Protection Act 2012: Regulates the collection, use, and disclosure of personal data in the context of customer information handling.

Consumer Protection (Fair Trading) Act: Applicable when the receivables involve consumer transactions, ensuring fair trading practices.

Banking Act: Relevant when the factoring arrangement involves regulated financial institutions or banking activities.

Assignment Law: Common law principles governing the assignment of receivables, including notice requirements and priority rules.

UN Convention on Assignment of Receivables: International framework for cross-border receivables assignments, may be relevant for international factoring arrangements.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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